Section 7205 - Powers and duties of Mi'kmaq Nation within Mi'kmaq Nation Jurisdiction Land1.Sovereign status. The State recognizes that the Mi'kmaq Nation predates the State of Maine and the United States and possesses the power and authority to self-govern as limited by the Aroostook Band of Micmacs Settlement Act and this Act. [1989, c. 148, §§3, 4(NEW); 2023, c. 369, Pt. A, §§2, 5(AFF).]
2.General powers. Except as otherwise provided in this Act, the Mi'kmaq Nation, within Mi'kmaq Nation Jurisdiction Land, may, separate and distinct from the State, exercise exclusive jurisdiction, including by enacting ordinances, over internal tribal matters, including membership in the nation, the right to reside within Mi'kmaq Nation Jurisdiction Land, tribal organization, tribal government and tribal elections and the exercise of power pursuant to section 7206, subsection 8, section 7207 and section 7208, subsection 1, paragraph F and such matters are not subject to regulation by the State. Pursuant to the Mi'kmaq Nation's power and authority to self-govern, the Mi'kmaq Nation has the same, and no more, power to enact ordinances within Mi'kmaq Nation Jurisdiction Land as municipalities have within the State. The Mi'kmaq Nation shall designate such officers and officials as are necessary to implement and administer those laws of the State applicable to Mi'kmaq Nation Jurisdiction Land and the residents thereof. Any resident of Mi'kmaq Nation Jurisdiction Land who is not a member of the nation is equally entitled to receive any municipal or governmental services provided by the nation or by the State, except those services that are provided exclusively to members of the nation pursuant to state or federal law, and are entitled to vote in national, state and county elections in the same manner as any tribal member residing within Mi'kmaq Nation Jurisdiction Land. [1989, c. 148, §§3, 4(NEW); 2023, c. 369, Pt. A, §§2, 5(AFF).]
3.Power to sue and be sued. The Mi'kmaq Nation and its members may sue and be sued in the courts of the State to the same extent as any other entity or person in the State except that the nation and its officers and employees are immune from suit when the nation is acting in its governmental capacity to the same extent as municipalities or like officers or employees thereof within the State. [1989, c. 148, §§3, 4(NEW); 2023, c. 369, Pt. A, §§2, 5(AFF).]
4.Ordinances. The Mi'kmaq Nation has the right to exercise exclusive jurisdiction within Mi'kmaq Nation Jurisdiction Land over violations by members of any federally recognized Indian tribe, nation, band or other group of tribal ordinances adopted by the nation pursuant to this section or section 7206. The decision to exercise or terminate the jurisdiction authorized by this section must be made by the Mi'kmaq Nation Tribal Council. If the nation chooses not to exercise, or to terminate its exercise of, jurisdiction as authorized by this section or section 7206, the State has exclusive jurisdiction over violations of the nation's tribal ordinances by members of any federally recognized Indian tribe, nation, band or other group within Mi'kmaq Nation Jurisdiction Land. The State has exclusive jurisdiction over violations of the nation's tribal ordinances by persons not members of any federally recognized Indian tribe, nation, band or other group except as provided in section 7208. [1989, c. 148, §§3, 4(NEW); 2023, c. 369, Pt. A, §§2, 5(AFF).]
Added by 2023SP1, c. 369,§ A-1, eff. 11/24/2023..